Bill S4469-2013

Provides increased penalties and education for hazing, underage drinking and drug use within athletic teams, fraternities and sororities at college campuses

Requires colleges to educate the campus community on bias-related crime, hazing, underage drinking and illegal drug use; expands authority of colleges to regulate conduct by college and student government organizations and clubs, athletic teams and clubs, alumni organizations, fraternities, sororities, and any other organization that has access to and use of the college facilities; requires colleges to adopt rules prohibiting hazing, underage drinking and illegal drug use; requires colleges to inform incoming students of and to train residence hall staff in the prohibitions against hazing, underage drinking and illegal drug use; requires colleges to establish penalties for hazing, underage drinking and illegal drug use.

Memo

TITLE OF BILL: An act to amend the education law, in relation to hazing, serving alcohol to minors and illegal drug offenses

PURPOSE: The purpose of this bill is to address the issues of underage drinking, hazing and illegal drug use on New York State Campuses.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends section 6430 of the education law amends subdivision 1 and adds a new subdivision 7 expanding rules regarding the prohibition against hazing to include any individual and to define "campus organizations or university group" or for purposes of this article.

Section 2 of this bill amends section 6431 of the Education Law to include hazing, underage drinking and illegal drug use within the education requirements, and related subdivisions, provided for bias related crime and sexual assault on campus.

Section 3 of this bill amends the Education Law and adds two new sections 6438 and 6439, which deal with hazing, and alcohol abuse and illegal drug use. It requires dissemination of information regarding these issues as well as training requirements for appropriate campus staff and other college rules relating thereto. New York State colleges and universities are directed to establish additional policy requirements regarding hazing, underage drinking and drug use on campus and within school clubs, sports teams and social organizations.

Section 4 sets forth the effective date of this legislation.

Section 6439 requires the dissemination of information regarding alcohol and drug abuse. It requires the establishment of policies for training of resident life staff and development of procedures for students who willfully fail to report abuse.

JUSTIFICATION: New York State currently has many laws in place to prohibit underage drinking, drug use, and hazing. Under sections 120.16 and 120.17 of the Penal Law, hazing is an illegal activity which currently carries a penalty of up to one year in prison and/or a fine of up to $1000. Additionally, section 6430 of the Education Law mandates that colleges and universities establish and implement their own policies and procedures to deal with hazing. Through a variety of other laws including the Penal Law, the New York General Obligations Law and the New York Alcohol and Beverage Control Law, underage drinking, serving alcohol to minors and possession/sale/use of certain drugs are all illegal activities.

Despite such laws, underage drinking, hazing and illegal drug possession/sale/use are three of the most prominent problems plaguing New York State campuses today. In spite of good faith efforts on the part of institutions of higher education to implement policies and procedures to combat these issues, the problems continue and show no signs of decreasing. As a result, parents, administrator's and

trustees have become increasingly concerned about the safety of their children and students on campus.

Such concerns are justified as all too often we are faced with the untimely death or serious injury of our State's young students. Most recently, we suffered the loss of Walter Dean Jennings, a Plattsburgh State student who died while pledging a fraternity last March. Under this legislation, those who engage in the dangerous activities of hazing and underage drinking would face more serious consequences and disciplinary charges through the college.

Whether it be from dangerous hazing incidents, alcohol poisoning or drug overdoses, something must be done to combat the problems causing tragic deaths and injuries on New York State campuses. If implemented, this legislation will bring necessary changes to help ensure safety on campus and to help deter such harmful behavior in the future.

EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
4469
2013-2014 Regular Sessions
IN SENATE
April 3, 2013
___________

Introduced by Sens. LAVALLE, LARKIN, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Higher
Education
AN ACT to amend the education law, in relation to hazing, serving alco-
hol to minors and illegal drug offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 6430 of the education law, as
amended by chapter 75 of the laws of 2004, is amended and a new subdivi-
sion 7 is added to read as follows:
1. The trustees or other governing board of every college chartered by
the regents or incorporated by special act of the legislature and which
maintains a campus, unless otherwise provided, shall adopt written rules
for implementing all policies required pursuant to this article and for
the maintenance of public order on college campuses and other college
property used for educational purposes and provide a program for the
enforcement thereof. Such rules shall prohibit, among other things, any
action or situation which recklessly or intentionally endangers THE
mental or physical health [or involves the forced consumption of liquor
or drugs for the purpose of initiation into or affiliation with any
organization] OF ANY INDIVIDUAL. Such rules shall govern the conduct of
students, faculty and other staff as well as visitors and other licen-
sees and invitees on such campuses and property. The penalties for
violations of such rules shall be clearly set forth therein and shall
include provisions for the ejection of a violator from such campus and
property, in the case of a student or faculty violator his or her
suspension, expulsion, or other appropriate disciplinary action, and in
the case of an organization which authorizes such conduct, recision of
permission for that organization to operate on campus property. Such
penalties shall be in addition to any penalty pursuant to the penal law
or any other law to which a violator or organization may be subject.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03784-01-3

S. 4469 2

7. FOR THE PURPOSES OF THIS ARTICLE, ORGANIZATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, RECOGNIZED COLLEGE OR STUDENT GOVERNMENT ORGANIZA-
TIONS OR CLUBS, ALUMNI ORGANIZATIONS, ATHLETIC TEAMS AND CLUBS, FRATER-
NITIES AND SORORITIES OR ANY CAMPUS OR UNIVERSITY ORGANIZATION OR GROUP
THAT HAS ACCESS TO AND USE OF COLLEGE FACILITIES.
S 2. Paragraphs a and c of subdivision 3 of section 6431 of the educa-
tion law, as amended by chapter 13 of the laws of 2009, are amended to
read as follows:
a. educating the campus community, including security personnel and
those persons who advise or supervise students, about sexual assault,
domestic violence, BIAS RELATED CRIME, HAZING, UNDERAGE DRINKING, ILLE-
GAL DRUG USE, and stalking offenses pursuant to section sixty-four
hundred thirty-two, SECTION SIXTY-FOUR HUNDRED THIRTY-EIGHT, AND SECTION
SIXTY-FOUR HUNDRED THIRTY-NINE of this article;
c. reporting sexual assaults, domestic violence, HAZING, BIAS RELATED
CRIME, and stalking incidents and assisting victims during investi-
gations;
S 3. The education law is amended by adding two new sections 6438 and
6439 to read as follows:
S 6438. HAZING INFORMATION AND PREVENTION. 1. EACH COLLEGE SHALL ADOPT
RULES THAT PROHIBIT CONDUCT WHICH INTENTIONALLY OR RECKLESSLY INVOLVES
THE FORCED CONSUMPTION OF ALCOHOL OR DRUGS, OR ANY OTHER BEHAVIOR THAT
MAY ENDANGER THE MENTAL OR PHYSICAL HEALTH AND SAFETY OF INDIVIDUALS.
2. EACH COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT PROHIBITIONS ON
HAZING THROUGH PROGRAMS WHICH MAY INCLUDE WORKSHOPS, SEMINARS,
DISCUSSION GROUPS AND MEDIA PRESENTATIONS, IN ORDER TO DISSEMINATE
INFORMATION ABOUT HAZING, PROMOTE DISCUSSION, ENCOURAGE REPORTING OF
INCIDENTS OF HAZING AND FACILITATE PREVENTION OF SUCH INCIDENTS. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING HAZING,
INCLUDING THE PENALTIES FOR VIOLATION UNDER LAW;
B. THE PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING
WITH HAZING; AND
C. THE AVAILABILITY OF COUNSELING AND OTHER SUPPORT SERVICES FOR THE
VICTIMS OF HAZING.
3. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE
STAFF, INCLUDING, BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND
OTHER PERSONNEL REGARDING HAZING AND THE PROCEDURES FOR ENFORCING AND
REPORTING SUCH INCIDENTS TO THE PROPER COLLEGE OFFICIALS.
4. EACH COLLEGE SHALL REVIEW DISCIPLINARY PROCEDURES PERTAINING TO ALL
ORGANIZATIONS AS DEFINED BY SUBDIVISION SEVEN OF SECTION SIXTY-FOUR
HUNDRED THIRTY OF THIS ARTICLE. SUCH PENALTIES MAY INCLUDE, BUT NOT BE
LIMITED TO, THE REVOCATION OF SUCH ORGANIZATION'S RIGHT TO OPERATE ON
SUCH CAMPUS, USE CAMPUS FACILITIES OR BE RECOGNIZED BY THE COLLEGE OR
UNIVERSITY. WHERE SUCH ORGANIZATION IS A FRATERNITY OR SORORITY,
COMMONLY IDENTIFIED AS A GREEK LETTER ORGANIZATION, SUCH PENALTIES MAY
INCLUDE, BUT NOT BE LIMITED TO, THE WITHDRAWAL OF THE RECOGNITION OF
SUCH ORGANIZATION FROM SUCH CAMPUS.
5. COLLEGE RULES MAY INCLUDE PROVISIONS FOR THE DISCIPLINARY ACTION OF
STUDENTS WHO FAIL TO REPORT KNOWN INSTANCES OF HAZING AND IMMUNITY FROM
COLLEGE DISCIPLINARY ACTION FOR GOOD FAITH REPORTING OF HAZING.
S 6439. ALCOHOL AND DRUG ABUSE INFORMATION AND PREVENTION. 1. EACH
COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT PROHIBITIONS ON UNDERAGE
DRINKING AND SUBSTANCE ABUSE THROUGH PROGRAMS WHICH MAY INCLUDE WORK-
SHOPS, SEMINARS, DISCUSSION GROUPS AND MEDIA PRESENTATIONS IN ORDER TO
DISSEMINATE INFORMATION ABOUT UNDERAGE DRINKING AND SUBSTANCE ABUSE,

S. 4469 3

PROMOTE DISCUSSION, AND FACILITATE PREVENTION OF SUCH INCIDENTS. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING UNDERAGE
DRINKING AND ILLEGAL DRUG USE, INCLUDING THE PENALTIES FOR VIOLATION
UNDER LAW;
B. THE PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING
WITH UNDERAGE DRINKING AND DRUG USE; AND
C. THE AVAILABILITY OF COUNSELING AND OTHER SUPPORT SERVICES FOR
SUBSTANCE ABUSERS.
2. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE
STAFF, INCLUDING, BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND
OTHER PERSONNEL REGARDING UNDERAGE DRINKING AND DRUG AND ALCOHOL ABUSE
AND THE PROCEDURES FOR ENFORCING AND REPORTING SUCH INCIDENTS TO THE
PROPER COLLEGE OFFICIALS.
3. EACH COLLEGE SHALL REVIEW CURRENT DISCIPLINARY PROCEDURES PERTAIN-
ING TO ALL ORGANIZATIONS AS DEFINED BY SUBDIVISION SEVEN OF SECTION
SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE AND MAY PROVIDE ADDITIONAL
PENALTIES REGARDING ILLEGAL DRUG USE AND UNDERAGE DRINKING.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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